Senate Bill No. 108, introduced by Senator Miller, aims to amend existing civil procedure laws in Louisiana regarding recoverable medical expenses, jury trial limitations, and the admissibility of evidence in civil actions. The bill modifies R.S. 9:2800.27, reducing the percentage of the difference between billed and paid medical expenses awarded to claimants from 40% to 30%. It also stipulates that in jury trials, evidence related to medical expenses can only be presented after a verdict is rendered, and the jury will only be informed of the amount billed, while details of payments made by health insurance or Medicare will be discoverable before trial. Additionally, the bill expands the exceptions to the applicability of these provisions to include medical payments coverage from automobile liability insurance.

Furthermore, the bill amends Code of Civil Procedure Articles 1732 and 1733, removing the $10,000 threshold for jury trials and lowering the cash deposit requirement from $5,000 to $4,000 for cases involving delictual or quasi-delictual actions. It also introduces a new Civil Code Article 2315.12, which states that the absence of a prior history of an illness or injury does not create a presumption of causation in personal injury claims, except for those under the Louisiana Workers' Compensation Law. The provisions of this act will apply prospectively, effective August 1, 2025, and will not affect causes of action filed prior to that date.

Statutes affected:
SB108 Original: 9:27(B)